CIRCUIT COURT OF OREGON
|IN THE MATTER OF:
AMERICAN TECHNOLOGIES GROUP,
INC., a Nevada corporation.
ASSURANCE OF VOLUNTARY
Respondent American Technologies Group, Inc. ("ATG")
is a Nevada corporation which has sold some of its
products to businesses which have distributed products
in Oregon which included some of respondent's products
as components. This Assurance of Voluntary Compliance
("AVC") is an agreement between Respondent
and the Oregon Department of Justice ("DOJ"
or "The Department") acting pursuant to
This Assurance of Voluntary Compliance (AVC) is
the settlement of a disputed matter. It shall not
be considered as an admission of any violation of
any law, statute or rule, for any purpose. Respondent
and DOJ agree that no provisions of this AVC operates
as a penalty, forfeiture or punishment under the
United States, under the Constitution of the State
of Oregon, or under any other provision of law.
This AVC resolves any and all claims the Department
may have regarding the marketing of laundry products
distributed to data as described in paragraph 1,
including but not limited to globe-type laundry
products, such as the SuperGlobe System. Globetype
products are generally described as plastic enclosures
in which fluids are sealed. The products described
in this paragraph are referred to collectively herein
as "the products." The products constitute
goods as defined in ORS 646.605(7).
The products were distributed in Oregon by TradeNet
pursuant to advertisements which promoted some of
the products on the basis that IE
technology was contained or used in the products.
The Department has caused scientific analysis and
testing to be performed on the products promoted
as containing IE
crystal DOJ believes that the claims made by the
marketers of the products, including TradeNet, were
Respondent disputes any and all assertions by The
Department that the IE
technology attributed to the products is anything
less than Respondent has represented it to be. Respondent
believes that the IE
technology attributed to the products is genuine
and that scientific evidence exists to support his
Respondent agrees to pay to DOJ twenty thousand
dollars ($20,000.00) to be deposited by DOJ as a
fund for Oregon residents who purchased "The
Laundry Solution" or "SuperGlobe"
products. These funds stall be administered and
paid out by DOJ on the same terms and conditions
as set forth in separate Assurances of Voluntary
Compliance executed by TradeNet.
Respondent acknowledges receipt of a notice
from the State of Oregon pursuant to 0RS 646.632(2)
Respondent executes this AVC for settlement purposes
Respondent understands and agrees this AVC applies
to respondent, respondent's principals, officers,
directors, agents, employees, representatives, successors
and assigns, jointly and severally, while acting
personally, or through any corporation or other
business entities, whose acts, practices or policies
are directed, formulated or controlled by respondent.
Respondent and respondent's attorney agree and
understand that following acceptance of the AVC
by DOJ, DOJ may communicate directly with respondent
for the purpose of executing and enforcing the terms
of this agreement resolving future complaints, and
conducting undercover investigations of respondent.
Respondent understands and agrees that if this
AVC is accepted by DOJ, it will be submitted to
the Circuit Court of the State of Oregon for Marion
County for approval, and, if approved, will be filed
with the court pursuant to ORS 646.632(2).
Respondent waives any further notice of submission
to and filing with the court of this AVC. Respondent
agrees to accept service of a conformed copy by
prepaid first class mail sent to the address following
If monies which are ordered to be paid in this
AVC are not paid timely, DOJ may convert the AVC
to a money judgment under ORS 646.632(2) without
notice to respondent. Respondent agrees a copy of
the money judgment may be sent to respondent, first
class mail to the address following respondent's
Respondent understands that, in addition to any
other sanctions which may be imposed under this
AVC or under the law, violation of any of the terms
of this Assurance of Voluntary Compliance may result
in contempt of court proceedings, civil penalties
of up to $25,000 for each violation, and such further
relief as the court may deem appropriate. ORS 646.632(4),
ORS 646.642(1) and 646.642(2).
The parties acknowledge that no other promises,
representations or agreements of any nature have
been made or entered into by the parties. The parties
further acknowledge that this Assurance constitutes
a single and entire agreement that is not severable
or divisible, except that if any provision herein
is found to be legally insufficient or unenforceable,
the remaining provisions shall continue in full
force and effect.
REVIEW BY RESPONDENT'S ATTORNEY
Approved as to form.
||Schwabe Williamson & Wyatt, P.C.
Kurt F. Hansen, OSB 84240
of Attorneys for Respondent
American Technologies Group, Inc.
RESPONDENT'S SIGNATURE AND ACKNOWLEDGMENT
Respondent has read and understands this agreement
and each of its terms. Respondent agrees to each
and every term.
I,Lawrence J. Bardy being first duly sworn
on oath depose and say that I am the President
of American Technologies Group, Inc., and am fully
authorized and empowered to sign this Assurance
of Voluntary Compliance on behalf of American technologies
Group, Inc. and bind the same to the terms hereof.
[Corporate Officer's Signature]
/s/ Lawrence J. Brady
SUBSCRIBED AND SWORN to before me this 11th
day of November, 1997.
ACCEPTANCE OF DOJ
Accepted this 12th day of November, 1997.
Robert Roth #92124
Assistant Attorney General
APPROVAL BY COURT
APPROVED FOR FILING and SO ORDERED this 12
day of Nov, 1997.
||/s/ Richard Barber
Circuit Court Judge
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